Terms of Service

                                                                     

Terms of Use
Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.
The DailyGig terms & conditions (updated March 2019) outline DailyGig’s and Your obligations and responsibilities on the DailyGig Platform
1.) Scope

1.1. These Terms of Use govern the legal relationship between Dailygiggrind.com.au (hereinafter “Dailygiggrind.com.au”), the operator of the website  www.dailygiggrind.com.au ,  www.dailygig.at ,  www.dailygig.de ,  www.dailygig.eu ,  www. dailygig.ch ,www.dailygig.ng and the registered users (hereinafter “users”) of this website.

1.2. Deviating terms and conditions of the user will only apply if and to the extent that they are recognized in writing by Dailygiggrind.com.au.

2.) Subject of the contract
2.1. As a foreign model, Dailygig offers the user the opportunity to use the website for free, but also to extend its profile for a fee, in order to benefit from further advantages.
These include sending individual offers on the bidding page, adding multiple projects, adding the premium badge, and adding extra benefits to the project.

2.2. Dailygiggrind.com.au grants the user the best possible availability of content and services within the scope of the technical possibilities. Dailygiggrind.com.au is also entitled to suspend availability for any further necessary updating, maintenance or similar. No responsibility can be accepted for any disruption of availability beyond the control of Dailygiggrind.com.au.

2.3. For an overview of payments and your bill for each membership fee, see Payments in your dashboard. Click on the billing symbol to download your invoice as a file.
Dailygiggrind.com.au reserves the right to expand, edit, reduce or partially discontinue its website services for the continued development of dailygiggrind.com.au, as far as the interests of the user are not unreasonably affected. You thereby receive no claims for reduction, reimbursement or compensation for the service provided by us.

2.4. Dailygiggrind.com.au provides with Dailygiggrind.com.au a communication and information as well as a presentation platform of its own profile, which gives the user the possibility, free of charge as well as with an extended chargeable (premium package) the own personnel and project acquisition as well as for self-presentation. Dailygiggrind.com.au is not involved in any of the contracts concluded directly between users as intermediary or agent.

2.5. Dailygiggrind.com.au is not involved as intermediary or agent in the contracts concluded directly between the users and the affiliates. The terms and conditions and privacy statements of the respective partner companies apply to these partner offers.

3.) users Duties
3.1. to keep his/her information up to date and complete on dailygiggrind.com.au, in particular to delete a published project immediately as soon as an offer is no longer up-to-date.

3.1.1. The user is obliged to use the website with common sense and for the benefit of all users.

3.1.2. Dailygiggrind.com.au and in communication with other users to make only true and not misleading information and to use no pseudonyms.

3.1.3. The user undertakes to make in data fields only information for which the respective data field is intended according to its description, and to insert information, in particular for contact data, not in other than the designated places.

3.1.4. On Dailygiggrind.com.au, only such content should be published (in particular when creating its own profile or its own project tenders and projects) and sent to other users only such internal messages that are used in the context of the purpose of Dailygiggrind.com.au to initiate a service, Works, employment or other employment directly between the users (or in the case of mediation between a user and a customer of the intermediary) serve. External publications and internal messages (eg advertising) are prohibited; in particular internal messages that are not personalized to the recipient or that have the characteristics of a mass message.

3.1.5. to keep his user data (password / username) secret and not to pass it on to third parties.
3.1.6. to publish on Dailygiggrind.com.au no illegal content and to violate any rights of third parties; In particular, to publish or refer to any offensive, harmful to minors, pornographic, slanderous or similar infringing content.

3.1.7. to refrain from any action that damages or interferes with the functionality of Dailygiggrind.com.au’s technical infrastructure or compromises the availability of data stored by Dailygiggrind.com.au.

3.1.8. to treat all information as well as user data received from other users as part of the use of dailygiggrind.com.au as confidential and not to disclose or make available to third parties unless it is clearly evident that the user acts as an intermediary; in this case, the intermediary may only pass on the information and data received to its customers or make it available to its customers, to the extent necessary for the purpose of the brokerage. This obligation applies beyond the termination of the contract.

3.2. In the event of infringement of third-party rights by the user’s publications on Dailygiggrind.com.au, the user exempts Dailygiggrind.com.au from all claims of third parties. The exemption also includes all the necessary legal costs.

3.3. Dailygiggrind.com.au reserves the right to remove content published by users if they conflict with our terms and conditions or if Dailygiggrind.com.au is unreasonable to publish for any other reason.

3.4. The user warrants being the owner of all rights required to publish the content provided by him.

3.5. Reproduction, distribution, processing or other use of the data and information provided on Dailygiggrind.com.au or any other use as the initiation of a work, service, employment or other employment relationship exclusively between the users of Dailygiggrind.com.au is prohibited. In particular, the use of software not developed by us within the scope of the Dailygiggrind.com.au offer is also inadmissible

3.6. If the user violates his obligations under the terms of this agreement, Dailygiggrind.com.au is entitled to temporarily suspend the user account or terminate the agreement with the user for cause. All further claims remain unaffected.

3.7. It is not permitted to commercially process the data obtained via Dailygiggrind.com.au, to deal with this data, or to approach the users with advertising, if the advertised products or services are in competition with Dailygiggrind.com.au. If these terms are violated, Dailygiggrind.com.au will take legal action. Further claims of Dailygiggrind.com.au remain unaffected.

4.) Prices and terms of payment

4.1. Dailygiggrind.com.au’s paid offers are governed by the price list applicable at the time the service is provided and available through Dailygiggrind.com.au.

4.2. Fees for receiving Dailygiggrind.com.au services are payable immediately upon receipt of an invoice. The user agrees that invoices and payment reminders will be sent by email. Invoices are also available in the user’s account until it is deleted.

4.4. The withholding of payments or the set-off of counterclaims by the user is only permitted if these counterclaims are undisputed or legally binding.

4.5. The payment by debit and credit card is done through our contract partner Paypal or square. In the case of an unjustified cancellation, claims of Dailygiggrind.com.au are assigned to the contracting party or Paypal.

5.) Liability

5.1. Liability for breach of any material contractual obligation without the risk of gross negligence or intent on the part of Dailygiggrind.com.au, or gross negligence or willful misconduct on the part of employees who are not directors or officers of Dailygiggrind.com.au, is the responsibility from Dailygiggrind.com.au to the typically foreseeable damage, which typically does not exceed one year’s user fee.

5.2. Liability for injury to life, limb or health as well as liability for an assumed warranty remain unaffected by the above provisions.

5.3. Dailygiggrind.com.au is not liable for the accuracy, completeness or legality of any information published by users.

5.4. Dailygiggrind.com.au is liable, regardless of the legal grounds, for damages only if Dailygiggrind.com.au, its legal representatives or vicarious agents have caused the damage by gross negligence or intent or the damage is due to the breach of a material contractual obligation.

6.) Privacy

6.1. Dailygiggrind.com.au collects processes and uses users’ data in accordance with applicable data protection laws.

6.2. Our privacy policy is indicated. ( click here )

 

7.) Termination of the contract

7.1. After the termination of the contract, Dailygiggrind.com.au is entitled to delete all content posted by the user on Dailygiggrind.com.au.

7.2. The right to extraordinary termination for cause remains unaffected. In particular, if the user violates legal regulations, violates material obligations under this agreement, or seriously jeopardizes Dailygiggrind.com.au’s reputation.

7.3. The paid membership contract initially runs over the minimum usage period booked by the user. If the user or Dailygiggrind.com.au does not terminate the contract punctually, the paid membership will be extended by extension periods of the same duration. The contract for paid membership may be terminated by the contracting parties with a notice period of 24 hours before the end of the minimum contract period. Unless a minimum contract period has been agreed,

7.4. if applicable the contract for a free membership can be terminated at any time without giving reasons.

 

8.) Final provisions

8.1. Applicable is the law of the ACT of Australia. If the user is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the ACT of Australia, the court at the registered office of Dailygiggrind.com.au is the exclusive place of jurisdiction. However, Dailygiggrind.com.au is also entitled to sue at the user’s place of general jurisdiction.

8.2. Dailygiggrind.com.au reserves the right to change these terms and conditions. Dailygiggrind.com.au will inform the user about any changes and new terms of use. In this case, the user has the right to terminate the contractual relationship within 4 weeks of receipt of this information. At the end of this period, the change is deemed approved by the user. Dailygiggrind.com.au will notify users when notified of any change to these Terms of Use that the new Terms of Use will be deemed approved after 4 weeks have elapsed.

8.3. The assignment of claims of any kind against Dailygiggrind.com.au to third parties is excluded.

8.4. Changes or additions to this contract must be made in writing. This also applies to the written form clause. Verbal collateral agreements are not met.

8.5. Should a contract provision be wholly or partially ineffective, this does not affect the validity of the remaining clauses and the remaining parts of such clauses. The contracting parties are obliged to replace ineffective parts of a clause by means of a supplementary agreement immediately with such an agreement, which comes closest to the economic result of the invalid provision. In case of doubt, the ineffective provision shall be deemed replaced by such an agreement.

Sellers may not accept payments from DailyGig buyers outside of DailyGig (directly through a Seller’s PayPal or any other service). Seller’s and buyer’s identity identities is are always anonymous. To protect our user’s anonymity, requesting any personal contact details is not allowed. Posting of adult, illegal, copyright protected, violent, nonsense or other improper material on the site is strictly prohibited!
Content on the site is moderated. Users posting, messaging or suggesting any of the above prohibited subjects will get their accounts blocked permanently.

90% of the funds that are collected are disbursed to the Seller and DailyGig marketplace charges a service fee of 10%.
You are responsible to scan all transferred files for viruses and malware. DailyGig will not be held responsible for any damages caused by infected files.

You can access all communications and files that are related to an order from the private message box (with your email addresses or URLs).
Make sure you describe your jobs final deliverable in detail. Indicate amounts, durations, file formats etc.
Buyers Ordering Jobs

We support a large number of payment currencies for your convenience. After payment has cleared, the Seller will be notified about the service and start working. A Buyer will be notified of order status changes by email.

Buyers and Sellers may at any time mutually cancel the order without a negative effect on the Seller’s rating. If for any reason your order gets rejected, your amount will be placed in your DailyGig balance and will be available to you for purchasing other jobs on DailyGig. Any funds you may have in your balance will automatically be used on your next purchase (no need to go through the payment process again).
Sellers’ and buyers’ identities are anonymous. Do not request or provide emails to users on the site. Buyers must not offer sellers with payments or transactions conducted outside of DailyGig (buyers may not offer sellers to use PayPal etc.).

Withdrawing Funds

Funds can be withdrawn to a Paypal account. DailyGig supports daily withdrawal request. Means no waiting period for your payments. To request a withdrawal, log-in to your account; click on Payments -> Withdraw Money -> Withdraw button and you will see payment notification in your Paypal account on same day. To be eligible for withdrawal, you must have a minimum balance of $4.

Withdrawals are final and cannot be undone. Please make sure to use your valid and current Paypal. We will not be able to refund or change this process once it has started and moved to Paypal.
The only way to withdraw funds is through Paypal. There is no alternative payment method.

Ownership and Limitations

Users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to DailyGig, including job texts, photos, videos, usernames, user photos, user videos and any other information may be used by DailyGig for marketing and/or other purposes.

We wish to remind that DailyGig content is based on User Generated Content (UGC). DailyGig does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Content that has been reported and that has been found guilty of violating these terms will be removed.
By offering a service, the Seller asserts that it has sufficient permission to provide, sell or resell the service that they offer on DailyGig.

General Terms

Spammers will be permanently blocked and banned!

In case of a dispute with a Seller, you should use DailyGig internal dispute resolution.
If a Buyer/Seller has a dispute which they fail to resolve, please open a support ticket.
Buyers cannot issue a refund in PayPal, if done so, it may lead to the buyer’s PayPal account suspension.
A Buyer cannot open a dispute through PayPal. Doing this can result in account suspension. This page will be given to PayPal as proof that you agreed not to open a dispute.

When a buyer is refunded for a cancelled job, he/she can only receive money back via his/her DailyGig account and can-not get his/her money back through Paypal.

DailyGig reserve the right to put any account on hold or permanently cancel accounts due to misbehaviour. We have the right to remove/edit your job at any time (with or without reason).

Late Delivery

If a Seller is late and has provided no communication, we encourage Buyers to cancel the order as soon as possible.

Fraudulent Buyers

We try to protect Sellers from fraudulent Buyers by using a variety of fraud detection methods. Some fraud still occurs. When a fraudulent Buyer issues a chargeback, unauthorized charge, bank reclaim or any other method which removes his/her funds from our account, we can no longer issue payments to the Seller. The order is cancelled and an email notice will be sent to the Seller regarding the reason of cancellation. We do not compensate Sellers for time and/or money involved, especially those that outsource to other parties. Fraudulent Buyers will be banned without warning. Any attempt to reclaim funds without requesting a refund directly via DailyGig helpdesk ticket will cause your account to become restricted. This includes Paypal Disputes, Chargebacks, Unauthorized Charges or Credit Card Reclaim, and so forth.

Disclaimer

DailyGig.com is simply a hub for Buyers and Sellers to meet. DailyGig.com cannot be held responsible for copyright issues or disputes made about the job. By submitting any job, Sellers take full responsibility and liability upon themselves to deal with the copyright claims.

Disputes

We encourage our Buyers and Sellers to resolve any issues between themselves. If for any reason this fails, you can contact us.

DailyGig will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – DailyGig does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on DailyGig should be friendly, constructive, and professional. DailyGig condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and a system to rate orders.
Intellectual Property Claims – DailyGig will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use DailyGig for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the DailyGig community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to DailyGig’s Terms of Service is cause for permanent suspension of all accounts.

Selling Accounts – You may not buy or sell DailyGig accounts.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to DailyGig’s approval.

Disputes should be handled by communicating between the seller/buyer. If everything fails, by contacting

DailyGig Customer Support.

DailyGig may make changes to its Terms of Service from time to time. When these changes are made, DailyGig will make a new copy of the terms of service available on this page.
You understand and agree that if you use DailyGig after the date on which the Terms of Service have changed, DailyGig will treat your use as acceptance of the updated Terms of Service.

 

User Generated Content

Furthermore, DailyGig is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on DailyGig. Sellers advertising their Service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property page, which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Infringing account will be deleted and outstanding balance will be credited back to buyers’ accounts.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s Service page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act.

In the event of the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work.

All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as study notes), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Services (including for custom created work) charge additional payments (through Service Extras) for a Commercial Use License.

This means that if you purchase the Service for personal use, you will own all the rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to DailyGig, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by DailyGig for consideration for marketing and/or other purposes.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to DailyGig’s Terms of Service.

There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor DailyGig will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DAILYGIG NOR ANY PERSON ASSOCIATED WITH DAILYGIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DAILYGIG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Intellectual Property

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